The rise of autonomous vehicles is revolutionizing the automotive industry and promising to make roads safer. As these self-driving cars become more prevalent, they’re transforming the landscape of personal injury claims.
This blog explores three significant ways that AVs are reshaping the legal landscape. From determining liability to insurance policies and evidence gathering, personal injury law must adapt to cutting-edge technology. Whether you’re a driver, a pedestrian, or simply curious about the future of autonomous vehicles, understanding these changes is crucial in our increasingly automated world.
What Are Autonomous Vehicles?
Human error, road rage, speeding, driving under the influence, and slow reaction time are the leading causes of car accidents. Autonomous Vehicle (AV) manufacturers aim to reduce the need for human intervention to make road travel safer, as AVs can perform some functions without a human’s guidance.
AVs are always programmed to obey traffic laws and use AI models to predict the fastest routes, when it’s safe to change lanes, and how to park perfectly. Different types of AVs are classified by their level of automation.
The Levels of Vehicle Autonomy
- Level one AVs require humans to drive but have features like cruise control and proximity alerts.
- Level two AVs are partially automated and can take over some of the driving, but the driver is still required to assist. Level two AVs can control steering, gear changes, accelerating, and braking.
- Level three AVs can perform all the vital aspects of driving unassisted, but the human driver must be alert and ready to take over.
- Level four AVs are highly automated and perform all functions without assistance, but humans can still take control if needed.
- Level five AVs are fully automated and require no driver. They may not have steering wheels or pedals and can operate independently, including navigation, driving, and parking.
What Are Autonomous Vehicles Currently Capable Of?
As of 2024, most autonomous vehicles are level two or three, meaning human supervision and guidance are still required. However, several large companies are working on improving the current AI models and sensor capabilities, so AVs are rapidly becoming more advanced. Google, Uber, and Tesla are some of the most widely known corporations attempting to create fully automated level-five vehicles.
3 Ways Autonomous Vehicles Are Changing Personal Injury Claims
1. Liability
Liability is relatively simple to determine in traditional car accident claims. The responsible party is the person who caused the accident. However, liability becomes significantly more complex if you’ve been in an accident with an autonomous vehicle.
Numerous parties may be at fault depending on what happens inside the car. For example, software glitches or sensor defects may take the blame off the driver and place it on those who made the car, such as the designer, manufacturer, or software developer.
In that case, a personal injury claim becomes a product liability claim, which is approached differently and requires unique evidence. In some situations, the driver and the manufacturer share responsibility, meaning your lawyer must simultaneously present proof of product liability and negligence.
2. Insurance
Insurance providers are trying to quickly adapt to a world in which autonomous vehicles (AVs) can injure their customers or their customers who drive AVs can injure others. While autonomous vehicles reduce the risk of accidents caused by human error, they do introduce a whole new set of legal considerations.
Several changes need to be made, including the implementation of specific policies covering product liability for AV owners. Insurance providers may only need to cover compensation partially when a pedestrian makes a personal injury claim against an AV driver who was distracted when a sensor failed. The manufacturer’s insurance covers the rest.
Currently, most insurance providers are developing new methods on a case-by-case basis, which requires extensive discussions with manufacturers and lawyers. These complexities can make legal proceedings involving autonomous vehicles take longer, meaning the victim must often wait for compensation.
3. Evidence
Traditional car accident cases require established evidence formats such as photos, videos, medical reports, etc., but autonomous vehicles run off highly complex code and generate enormous amounts of data. When an AV accident occurs, lawyers need to comb through all this information to build a complete picture of how the accident happened.
If the manufacturer freely grants the data, experts may be called in to evaluate it, which can take time. On the other hand, manufacturers may refuse to share data based on data security and privacy.
The autonomous vehicle’s AI will profile the driver’s routines, preferences, behavior, location history, and personality. Most AV manufacturers will argue that this user profile is protected by data privacy laws, making it extremely difficult to gather vital evidence about how the accident occurred.
Why You Need a Lawyer for Your Personal Injury Claim
Having a lawyer who has a thorough understanding of the changing AV landscape will make the process of securing compensation easier. Your lawyer will manage the complex legal requirements, negotiate with liable parties, ensure a fair settlement, and, if necessary, they will take your case to trial.
The aftermath of a car accident is notoriously challenging, but an experienced lawyer will take the pressure of navigating the world of autonomous vehicles and data security off your hands. They will prioritize your interests and work to obtain the compensation you deserve so you can move forward with your life.
Keeping Up with The Evolution of Personal Injury Claims and Autonomous Vehicles
As technology advances, so too must our legal frameworks. While AVs promise safer roads, they also introduce new complexities to personal injury cases. This underscores the importance of seeking expert legal guidance when navigating accidents involving autonomous vehicles. Contact our lawyers to discuss your claim.
Should you find yourself in this demanding situation, please don’t hesitate to contact us at HHJ Trial Attorneys. Our specialists are available to support you throughout the process.
